Scope of Liability for Negligent Misstatement by Professionals Assignment

Scope of Liability for Negligent Misstatement by Professionals - Assignment Example Scope of Liability for Negligent Misstatement Test of Negligence Generally, for a claim of negligence to stand, one has to prove three elements. These elements are: That there was a duty of care owed to the claimant by the defendant, That the duty of care owed was breached, That the breach caused reasonably foreseeable damage borne by the claimant These grounds have been applied for cases involving personal injury. But when it comes to negligent misstatement by professionals, this control test may not be appropriate, more so when it comes to the element of reasonable foreseeability. In Caparo Industries Plc V Dickman, Lord Oliver foresaw a situation whereby a professional would be open to a limitless scope of liability, if the test of reasonable foreseeability alone was applied, (Katter 2003, P. 1). ... A duty of care will only arise where the advice giver, expressly or impliedly, guaranteed the information user that he will exercise due care when making the required statement. The person giving advice must be in possession of special skills and judgement on which the claimant relied on. This will not suffice if according to the circumstances, it was unreasonable for the claimant to rely on such a statement. The information giver, at the time of giving the statement, must have known or reasonably expected to know, that the claimant was going to rely on the statement given. In the case of Hedley Byrne & Co. Ltd V Heller & Partners Ltd, the plaintiffs who were an advertising agency had suffered economic losses due to the negligent statement of the defendant bank about the financial standing of one of its clients. It was held that where there exists a special relationship and an individual gives inaccurate statements where it was reasonably foreseeable that that information was to be a cted on, liability could arise for losses sustained from that reliance. When it comes to the requirement of special relationship, liability restricted only to reasonable circumstances. This prevents a situation whereby multiple claims could be made against the same defendant who has made a negligent statement that turns out to affect many people. In order to restrict such multiple claims arising from the same misstatement, the court laid out the essential of special relationship in the case of Caparo Industries V Dickman (1990). These essential are: That the maker of the statement knew that it would be communicated to plaintiff, whether named or unnamed. That the advice given was in relation to a particular transaction or one that is ascertainable. That the maker of the statement

Sketchers Advertising :: Business and Management Studies

Sketchers Advertising Advertising is used to inform people about products for sale and to encourage people to buy them. It is a way of telling people about different products that companies are selling. Things are advertised differently depending on whether they are in the newspaper, on television, on the radio or in magazines. The purpose of advertising is to encourage people to buy that particular product rather than another product. There are different forms of advertising. These are: industry and commerce, to sell goods and services and to give information about a certain product. Organizer of event, this is to promote events such as the cinema, theatre, and charity events. Political party, this is to win support on votes, to lobby government. Educational establishments. Which are to advertise colleges and universities. There are also other forms of advertising such as: charity, media, government and private individual. There are also many pros and cons of advertising. The pros are that the advertisements bring the prices down because it encourages competition and increases sales. It gives people information about goods and services. The cons are that it persuades people to spend money on things they don’t really want or need, and they interrupt television programmes, and fill up page after page of magazines. I have looked at the ‘sketchers’ footwear advertisement that I found in a J-17 magazine. The ‘Sketchers’ advertisement is on a plain blue background and takes up a whole double page spread. They have used Britney Spears to advertise the footwear so that people are encouraged to buy them because they think that Britney wears them and they want to be like her. On the first half of the advert there are two pictures of Britney Spears, the ‘Sketchers’ logo, the website address and the words ‘Sketchers USA Footwear’. The website was put on the advert to make people go onto the site and look at more of their shoes. They include these pictures of Britney spears to make the trainers more appealing to the audience to make people try and buy their shoes. On the other half of the advertisement there are two more pictures of Britney Spears. The product is ‘Sketchers’ footwear, the brand name and company is ‘Sketchers’ and there is no slogan. The logo is the letter ‘S’ in a oval shape. The outline of the logo is white, the inside is red and the letter ‘S’ is white. The target audience is teenage girls and women up to the age of about thirty, possibly a bit older. The purpose of this advert is to encourage people to choose their product of

The Organizational Behavior

Organizational behavior studies human behavior in the workplace and the interaction between people and the organization. When applied to understanding organizational culture, the set of understandings or meanings share by a group of people, and diversity, the differences that exist between individuals, organizational behavior helps a company gain competitive advantage. It does so by improving access to and retention of labor as well as worker productivity and company image. According to Vandeveer, Menefee and Sinclair (2006), organizational behavior is the systematic study of human behavior in the workplace, the interaction between people and the organization with the intent to understand and predict human behavior. Based on theories that behavior is generally predictable, there are differences between individuals, there are fundamental consistencies and that there are a set of rules in almost every organizational setting, organizational behavior explores relations in an attempt to determine causes and effects and draws conclusions based on scientific evidence. Two of the many areas of study include organizational culture and diversity. Organizational culture is a set of understandings or meanings shared by a group of people that are largely tacit among members and are clearly relevant and distinctive to the particular group which are also passed on to new members (Louis, 1980). There are three levels of organizational culture, behavior and artifacts, values, assumptions and beliefs defined by Schein (1988). Behavior and artifacts include expressions that can be seen, felt or heard, such as dress code, offices, awards and recognition and how people interact with each other. Values include things such as a company's mission statement, codes of conduct, and slogans. Assumptions and beliefs are tacit in nature; they are not visible and are not easily identified because they exist as unspoken rules. Underlying assumptions and beliefs grow out of values until they become taken for granted and drop out of awareness. The study of organizational culture is important because it affects productivity, performance, commitment, self confidence, and ethical behavior (Sathe, 1985). Diversity represents the differences that exist between individuals. It includes a broad range of things such as culture, race, ethnicity, gender, socioeconomics, age, physical and mental abilities, sexual orientation, religion, language, appearance, personality, learning and thinking styles, communication and conflict styles, family status, geography, military status, education, life and work experiences, and functional responsibility in a given organization (What is diversity? ) Goals of studying diversity in organizations are to understand and take advantage of similarities and differences of all people in achieving a company's mission. With this knowledge, it may be possible to establish a process that allows diverse groups of people to maximize productivity, creativity, and enjoyment to reach their full potentials without being advantaged or disadvantaged by irrelevant or limiting factors. A Business-Higher Education Forum representative states, â€Å"Demographic trends compel business and higher education to make a conscious investment in the development of the talent and productivity of all citizens. † (Corporate, higher education leaders warn: U. S. ust focus on diversity or face decline in competitiveness, 2002) In addition to recruitment, diversity in the workplace can reduce lawsuits and increase marketing opportunities, creativity, and business image (Esty, Griffin, and Schorr-Hirsh, 1995). Ultimately, organizational behavior is a discipline that can be used to improve an organization. Organizational culture and diversity are two areas that prove the tremendous potential for applying organizational behavior. Labor supply, retention and performance and company image depend on successful cultural and diversity practices.

Book Review of Sun Tzus The Art of War - 1209 Words

The Art of War by Sun Tzu Translated by Samuel B. Griffith Oxford Oxford University Press 1963 ISBN: 9780195015409 Keywords War Strategy Enemy Tactic Summary Translated by Samuel B. Griffith, The Art of War is a timeless classic on military strategy. Over time, the book has been used as a point of reference by military strategists, chiefs of corporations, and business executives. To win in any undertaking, be it in business or warfare, one should be an excellent planner. In addition to understanding the weaknesses as well as strengths of the enemy (or competitor), one should also be able to carry out a comprehensive evaluation of the environment. This way, it becomes easy to develop an effective strategy to enhance victory. Environment in this case could be taken to represent either the battlefield or the business environment. The Art of War offers a comprehensive (and exciting) analysis of tactical maneuvering, the utilization of force, siege planning, conflict management, etc. Context Sun Tzu, the original author of this military classic, was a strategist and military general. Nobody could have been better placed to write a text on military strategy. It is however important to note that given the time the text was written (approximately 2000 years ago), not much is known about the original author. Many however believe that the book must have been written during the Warring States Period. Given that this was the period in which many brutal wars wereShow MoreRelatedStudying Management Unit : Formative Assignment1631 Words   |  7 PagesJones (1912) says â€Å"the art of administration is as old as the human race†. 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Goizueta convinced stockholders that cola purchases were steady through both strong and weak economic conditions, and that cola drinkers were willing to pay a premium price for the number one soft drink. Yet over the last ten years, Coca-Cola’s taleRead MoreNature of Strategic Management13243 Words   |  53 Pagesevaluation activities. 5. Describe the benefits of good strategic management. 6. Explain why good ethics is good business in strategic management. 7. Explain the advantages and disadvantages of entering global markets. 8. Discuss the relevance of Sun Tzus The Art of War to strategic management. Notable Quotes If we know where we are and something about how we got there, we might see where we are trending—and if the outcomes which lie naturally in out course ate unacceptable, to make timely change. ABRAHAMRead MoreContemporary Issues in Management Accounting211377 Words   |  846 Pagesterms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloguing in Publication Data Data available Typeset by SPI Publisher ServicesRead MoreGame Theory and Economic Analyst83847 Words   |  336 PagesThe nature of the subject and the angle from which it is examined will ensure that Game Theory and Economic Analysis reaches a wide readership. As an established scholar in the area of game theory, Christian Schmidt has produced an authoritative book with contributions from economists of the very highest rank and proï ¬ le, some of them well known beyond the boundaries of the game-theoretic community. Christian Schmidt is Professor at the University of Paris-Dauphine. He has recently published